New Books in the TRU Law Library

In The Right to Development authors offer a new path for the implementation and protection of the right to development from the new perspective of the 2030 Agenda for Sustainable Development. Instead of emphasizing the economic perspective, this book focuses on how to realize the right to sustainable development by resolution of conflicts among the economy, the environment and society.

Comparing Fiscal Federalism investigates intergovernmental financial relations and the current de jure and de facto allocation of financial and fiscal powers in compound states from a comparative and interdisciplinary perspective. The volume combines theoretical approaches with case studies and involves scholars from various disciplines, in order to provide a comprehensive analysis of different approaches, developments and trends. This includes outlining fiscal federalism's basic principles and overall frameworks, investigating current constitutional/legislative settings and how financial systems function, as well as zooming in on a selection of emerging issues in financial and fiscal relations.

The effective management of differences between groups within democracies means moving beyond the examination of individual rights. In the field of national minorities conflict prevention diplomacy, promoting the effective participation of national minorities in public life is a primary objective. Enhancing participation encourages a sense of belonging, contributes to societal integration, and promotes cohesion within the multi-ethnic state. The Lund Recommendations on the Effective Participation of National Minorities in Public Life directly address these challenges, and the OSCE High Commissioner on National Minorities works with states and national minority groups to advance functional solutions that reduce tensions and foster stability.

This collection of essays by a variety of scholars, compiled to celebrate the silver anniversary of The International Journal of Children's Rights, builds on work already in the literature to reveal where we are now at and how the law concerned with children is reacting to new developments. New, or relatively new subject matter is explored, such as film classification, intersex genital mutilation, the right to development. Rights within the context of sport are given an airing. We are offered new perspectives on discipline, on the significance of "rights flowing downhill," on the so-called "General Principles." The uses to which the CRC is put in legal reasoning in some legal systems is critically examined.

While coordinating the University of Groningen's Honours College Winterschool/Atelier entitled Children's Rights in Health Care, the need to publish the contributions to this program was generally expressed and confirmed by its participants. The Winterschool/Atelier, successfully organized in recent years, has dealt with many issues concerning the legal position of minor persons - born and unborn - in the context of health care, especially pediatric care.

Twenty years after the introduction of the UN Guiding Principles for the Protection of Internally Displaced Persons, very little is known about their effectiveness in altering state behavior towards their displaced populations. In this book Gabriel Cardona-Fox takes a systematic and global first look at patterns of commitment and compliance with the IDP regime. Through the innovative use of statistical analysis on all documented cases of displacement and an in-depth case study of Colombia's evolving response towards internal displacement, this book identifies the domestic and international forces that drive some states to institute and comply with these guidelines.

European armed forces have frequently had to participate in counter-terrorist operations while abroad. For many, however, counter-terrorist operations in their home country are a relatively new phenomenon. Armed and uniformed soldiers can now be seen doing work which is, in some respects, comparable to that of the civilian security forces. What are the ethical implications of this phenomenon? To what extent does it change the relationship between the soldier and the democratic state? Do emerging technologies encroach on democratic freedoms? Does the phenomenon re-define the relationship between the police and the military? Under what conditions can soldiers be trained to achieve victory by force of arms, be used effectively in crowded city centres? Conversely, do we also risk over-militarising our police?

The principal aim of this book is to revisit the basic theme of "unity and diversity" that remains at the heart of research into federalism and federation. It is time to take another look at its contemporary relevance to ascertain how far the bifocal relationship between unity and diversity has evolved over the years and has been translated into changing conceptual lenses, practical reform proposals and in some cases new institutional practices. This book is structured around four main parts: (1) the evolving conception of diversity over time and across continents; (2) the interplay between unity and diversity in complex settings; (3) federalism as decision-making and new institutional practices that have been put forward and tested; and (4) constitutional design and asymmetrical federalism as a way to respond to legitimate and insisting claims and political demands.

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

This unique collection is being published on the occasion of the 40th anniversary of the human rights procedure adopted in 1978 by the UNESCO Executive Board and also on the occasion of the 70th anniversary of the Universal Declaration of Human Rights. It provides an overview of the UNESCO procedure for the examination of communications alleging violations of human rights in UNESCO's fields of competence - education, science, culture, communication and information.

This book provides a detailed examination of how norms concerning human rights, civilian protection and prevention of mass atrocities have fared in the regions of Southeast Asia and Africa. Originated as a spin off of the journal GR2P (vol. 8/2-3, 2016), it has been enriched with new chapters and revised contents, which contrast the different experiences of those regions and investigates the expression of human protection norms in regional organisations and thematic policy agendas as well as the role of civil society mechanisms/processes. Hunt and Morada have brought together scholar-practitioners from across the world.

Corporal Punishment of Children - Comparative Legal and Social Developments towards Prohibition and Beyond provides insights into the views and experiences of prominent academics, and political, religious, and human rights activists from Australia, Canada, Germany, Ireland, Israel, New Zealand, Norway, South Africa, Sweden, the UK, and the US. Country-specific and thematic insights in relation to children's ongoing experience of corporal punishment are detailed and discussed, and key questions are raised and considered with a view to advancing progress towards societies in which children's human rights to dignity and optimal development are more fully recognised.

In this book Aoife Daly argues that where courts decide children's best interests (for example about parental contact) the UN Convention on the Rights of the Child's "right to be heard" is insufficient, and autonomy should instead be the focus. Global law and practice indicate that children are regularly denied due process rights in their own best interest proceedings and find their wishes easily overridden. This book is a call for a reconceptualisation of the status of children in a key area of children's rights.

Mary Kristerie A. Baleva's Regaining Paradise Lost: Indigenous Land Rights and Tourism uses the UN Guiding Principles on Business and Human Rights as its overarching legal framework to analyze the intersections of indigenous land rights and the tourism industry. Drawing from treatises, treaties, and case law, it traces the development of indigenous rights discourse from the Age of Discovery to the adoption of the UN Declaration on the Rights of Indigenous Peoples. The book highlights the Philippines, home to a rich diversity of indigenous peoples, and a country that considers tourism as an important contributor to economic development.

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of 'culture'. In Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how 'culture' is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of 'culture' enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity.

Tom Lantos was a Hungarian-born U.S. Congressman remembered for raising awareness and respect for human rights around the world. He was elected to the United States House of Representatives in 1980 becoming the only Holocaust survivor ever to serve in the Congress. In 1983 he co-founded and chaired the Congressional Human Rights Caucus renamed in his honour as the Tom Lantos Human Rights Commission. With articles authored by leading academics this Festschrift remembers Tom Lantos's extensive human rights activism on the human rights themes he was passionately involved with around the world.

In European Judicial Responses to Security Council Resolutions: A Consequentialist Assessment, Kushtrim Istrefi examines the multiple effects of European courts decisions as regards Security Council targeted sanctions and security detentions interfering with fundamental rights. He elaborates what type of judicial responses ensured real and practical respect for human rights for the petitioners, encouraged Security Council due process reform, clarified Security Council authorisations on security detentions, and tested the primacy and universal character of the UN Charter. Making use of legal and non-legal instruments, Istrefi sheds some light upon what happened to, among others, petitioners, the SC due process reform agenda, and the UN Charter after such cases as Kadi, Al-Jedda, Ahmed, Al-Dulimi.

In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San Jos , respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.

The universal protection of human rights remains the core challenge of the United Nations if it is to achieve its mission of a world of peace, development and justice. Yet, at a time of seismic changes in the world, when shocking violations of human rights are taking place world-wide, the UN human rights system is in need of urgent modernization. This book, written by a foremost scholar-practitioner who previously exercised the functions of UN High Commissioner for Human Rights, advances a series of ideas to modernize the UN protection system. Among a dozen key proposals are that the UN human rights system should help alleviate the plight of the poorest, pay greater attention to the national protection system of each country, and establish a World Court on Human Rights that can deal with countries which grievously violate human rights.

The Framework Convention for the Protection of National Minorities: A Commentary, edited by Rainer Hofmann, Tove H. Malloy and Detlev Rein, presents an updated article-by-article assessment of the monitoring of the Convention's implementation. The Convention was opened for signature in 1995 and entered into force on 1 February 1998. Within a very short period of time, it was ratified by 39 Council of Europe member states, and it constitutes the first (and only) international treaty establishing legally binding obligations concerning the rights of persons belonging to national minorities.

Legislating for Equality - a Multinational Collection of Non-Discrimination Norms is a compilation of national constitutional provisions and laws on non-discrimination and the promotion of equality. The aim of the book, divided into four volumes, is to provide a comprehensive overview of the legal frameworks of all UN Member States on matters relating to discrimination on the basis of race, religion and ethnicity, prohibition of hate crimes and "hate speech". Each volume also includes relevant international and regional treaties and ratification tables. In this final volume of the series, we turn our attention to Asia and Oceania.

Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage.

The International Labour Organization is responsible for the only two international Conventions for the protection of the rights and cultures of indigenous and tribal peoples - the Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced it, and Convention No. 169 is the only one that can now be ratified. This volume, together with its companion published in 2015, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions.

In The Right to Food and the World Trade Organization's Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.

Under what circumstances can a state refuse refugee status to a person whose risk of persecution exists in only part of her country of origin? This book is the first monograph to examine the treaty basis and criteria for the 'internal protection alternative' (IPA), an exception to refugee status increasingly invoked by state parties to the 1951 Refugee Convention and its 1967 Protocol. Through a critical analysis of the relationship between refugee law and related fields, Schultz finds that the legal scope for IPA practice is narrower than is commonly claimed. Since persons subject to an IPA analysis have a well-founded fear of persecution within their countries of origin, any limit on their right to refugee status must involve a careful balancing of the impact of continued displacement against the state's interest in preserving its restricted protection resources.

Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community -- the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.

Identity crime, which encompasses both identity theft and identity fraud, is one of the fastest growing crimes around the world, yet it lacks its own identity: there is no universally accepted definition, little understanding of what the crime is or should be, and no legal framework placing the crime into a coherent and effective grouping of criminal sanctions. In this book, Dr. Syed Ahmed addresses and proposes solutions for resolving these issues and tackles head-on the various facets of what is needed to deal with Identity Crime.

Volume 21. The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was adopted by the Committee of Ministers of the Council of Europe in June 1987. It entered into force in February 1989 and all 47 member States are Parties to the Convention. The Convention has already established itself as an important human rights instrument. Its approach is quite different from that of the European Convention on Human Rights.

In Extradition Law, Miguel Jo o Costa offers not only an exhaustive review of this legal area and of transnational criminal law more generally, but also innovative solutions for their reform. The book critically analyses numerous themes - from international cooperation in criminal matters to substantive criminal law and procedure, from human rights to nationality and refugee law, from public to private international law - at the national, European and global levels. Moreover, while it is a fundamentally normative study, it does not disregard the political and diplomatic dimensions of extradition either. The result is a new model based on mutual respect, enabling States to increase cooporation whilst preserving the integrity of their own criminal justice values and enhancing the respect for human rights.

In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused's presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future.

By 2017, it was estimated that over 40 million people were displaced within their own countries by conflict and violence across at least 56 countries worldwide. Solutions to the epidemic of forced internal displacement are frequently premised on the return of internally displaced persons (IDPs). Indeed, as a characteristic need of IDPs, such returns benefit from a special protection framework developed by IDP protection instruments such as the Guiding Principles. However, the legal status of those instruments remains ambiguous, generating attendant questions about the congruity of the IDP return framework with existing international law.

In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of "stateless person" is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness.

In the first study of its kind Mary McAleese subjects to comprehensive scrutiny the Roman Catholic Church's 1983 Code of Canon law as it applies to children. The Catholic Church is the world's largest non-governmental organisation involved in the provision of education and care services to children. It has over three hundred million child members world-wide the vast majority of whom became Church members when they were baptised as infants. Canon law sets out their rights and obligations as members. Children also have rights which are set out in the 1989 United Nations Convention on the Rights of the Child to which the Holy See is State Party.

The book presents a comparative study of children's constitutional rights in Denmark, Finland, Iceland, Norway and Sweden. The authors discuss the value of enshrining children's rights in national constitutions in addition to implementing the Convention on the Rights of the Child (CRC). Central issues are whether enshrining children's rights in the Constitution improves implementation and enforcement of those rights by providing advocacy tools and by mandating courts, legislators, policy-makers and practitioners to take children's rights seriously.

The Convention on the Rights of the Child has changed the paradigm of how (human rights) law looks at children: from "objects" of protection to full rights-holders of all human rights. Consequently, social rights are not voluntary welfare services but an expression of the dignity and rights of the child. In Social Rights of Children in Europe Katharina H usler provides a thorough analysis of how these basic social rights are interpreted by the three major human rights bodies on the level of the Council of Europe and the European Union. It thus offers not only an excellent picture of the main lines of interpretation but also of the major gaps and challenges for the realisation of children's social rights in Europe.

The Inter-State Application under the European Convention on Human Rights provides the first comprehensive monograph about the State-to-State human rights enforcement mechanism. The functions of the mechanism include also dispute settlement aspects, which are related to the compulsory jurisdiction of the Strasbourg Court. The study provides a full account of the development of the Inter-State Application under Article 33 ECHR and puts its case law in the relevant historical and institutional context. The analysis concludes with detailed reform considerations which are situated within the discussion about the role of the European Court of Human Rights. The focus lies on the possibility to address and improve systemic human rights deficits beyond the single case. The Court's growing inter-State docket evidences the need for legal certainty.

This volume focuses on the recent challenge posed by right-wing populism to democratic consolidation in Europe and particularly explores the legal dimensions of this challenge. Part One attempts to define political populism and explains why it poses a challenge to democratic political order in Europe. Part Two examines the theoretical underpinnings of the populist challenge to human rights and democracy in Europe. Part Three applies this theory to concrete examples and considers case studies including an old EU Member State, two newer EU Member States and a non-EU Member State party to the ECHR.

Populism, Memory and Minority Rights is the flagship publication of the Tom Lantos Institute (TLI), a highly-regarded international human rights institute based in Budapest, Hungary. The publication provides a forum for discussion on crucial themes of global and regional importance on the accommodation of ethno-cultural diversity and related normative developments. It introduces TLI's work in terms of its mandated issue areas, including Roma rights and citizenship, Jewish life and antisemitism, and Hungarian and other national minorities.

Language policy can promote stability. For many individuals and groups, language is a key component of identity, and threats to it can raise tensions. Respect for linguistic rights, whilst also considering a state's need to maintain cohesion, reduces conflict potential. The OSCE High Commissioner on National Minorities promotes functional solutions to such contentious issues, and the Oslo Recommendations regarding the Linguistic Rights of National Minorities address these challenges. This book analyses the components of a balanced legal and policy framework on language use, with a view to preventing conflict.

As the tensions involving religion and society increase, the European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analysis of the first twenty-five years of the European Court's religion jurisprudence. The Court is one of the most significant institutions confronting the interactions among states, religious groups, minorities, and dissenters. In the 25 years since its first religion case, Kokkinakis v. Greece, the Court has inserted itself squarely into the international human rights debate regarding the freedom of religion or belief.

In Segregation of Roma Children in Education, Sina Van den Bogaert examines, from the perspective of public international law, how the Framework Convention for the Protection of National Minorities (Council of Europe) and the Racial Equality Directive 2000/43/EC (European Union) have contributed towards desegregation of Roma children in education in Europe. The fields of application ratione personae and ratione materiae of both instruments are discussed, as well as their "added value". Sina Van den Bogaert demonstrates that the Framework Convention and the Racial Equality Directive are complementary instruments and formulates useful suggestions for a more effective monitoring and implementation of both instruments in the field of Roma education.

Understanding the realities of protection in a Europe that had failed to manage the crisis in asylum that unfolded in 2015 and 2016 requires a comprehension of how law shapes and distorts refugee protection practices in frontline states. In this collection Vladislava Stoyanova and Eleni Karageorgiou provide an essential cartography of the state of asylum during the crisis. The volume captures four dynamics: the absorption of EU norms in Central and South Eastern Europe; the reaction in this region to the massive movement of asylum seekers in 2015 and 2016; the initiation of normative developments in the area of asylum during and beyond the crisis by the countries in this region; and the question of solidarity.

In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkic unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court's application of the standard of proof 'beyond reasonable doubt' and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.

Volume 22. The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was adopted by the Committee of Ministers of the Council of Europe in June 1987. It entered into force in February 1989 and all 47 member States are Parties to the Convention. The Convention has already established itself as an important human rights instrument. Its approach is quite different from that of the European Convention on Human Rights.

This collective volume examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for. EU citizenship can neither be accurately described as a citizenship status similar to national citizenship, nor as an immigration one. The book examines the tension at the heart of attempts to grasp the nature of EU citizenship as supranational status in relation to family reunification, social rights and expulsion. It shows that while events such as Brexit stress the importance of EU citizenship, the construction of supranational citizenship along the axis of non-discrimination and equality remains a work in progress that requires the efforts of all actors involved - institutions, implementing authorities, courts and citizens.

Since the past few years, the considerable influx of refugees to the EU has led to a profound reconceptualisation of its immigration control strategy, with emphasis on the co-option of new partners, such as the private sector or third countries, and the prevention of movement through extraterritorial controls. The externalisation of immigration control has also been increasingly linked with the securitisation and criminalisation of asylum, particularly in the form of tackling human smuggling to which those in need usually resort to. This edited volume that comprises of contributions by both legal scholars and practitioners, provides a multi-faceted overview of these legal responses and examines their implications from a human rights and rule of law perspective.

This collective volume draws on the themes of intersectionality and overlapping policy universes to examine and evaluate the shifting functions, frames and multiple actors and instruments of an ongoing and revitalized cooperation in EU external migration and asylum policies with third states. The contributions are based on problem-driven research and seek to develop bottom-up, policy-oriented solutions, while taking into account global, EU-based and local perspectives, and the shifting universes of EU migration, border and asylum policies.

The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants' rights and highlights how the provisions of the Directive should be implemented in line with member states' human rights obligations.

Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians.

EU criminal justice is a fast developing and challenging area of EU law and policy that requires scholars from different disciplines to join forces. This book is a first attempt to establish such synergies. Coming from different angles, the authors deal with questions in the area of EU substantive criminal law, such as when criminalisation of conduct is an appropriate choice; how the process of (de)criminalisation could be advanced; what the role of evidence could be in this regard; and what consequences criminalisation decisions at EU level have for national legal orders.

Justice Without Borders is the theme of this collection of essays that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018. The contributions of distinguished authors in the area of international criminal law, European criminal law and international cooperation focus on topics that are important for Wolfgang Schomburg: the pursuit of international criminal justice with respect for the interests of the accused, the facilitation of international cooperation subject to the rule of law, and the principle of fair trial .

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 2 is Islamic Law and its Implementation in Asia and the Middle Eas...

The Asian Yearbook of Human Rights and Humanitarian Lawaims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region.The focused theme of Volume 3 is Law, Gender and Sexuality.

The People's Republic of Bangladesh is centrally located in South Asia and is one of the eight countries that constitute the South Asian Association of Regional Cooperation (SAARC). In 2010, the South Asian Institute of Legal and Human Rights Studies in Dhaka (SAILS) initiated the 'Combating Gender Injustice' research study to investigate how the Christian, Hindu and Muslim communities in the country are affected by the laws and customs governing their personal lives. The aim was to engage in a dialogue with the stakeholders the results of which would provide a basis to formulate recommendations for law, policy and procedural reform. These reports have been reproduced in this volume in updated and revised form.

Understanding Chinese refugee law is difficult for those outside China or unfamiliar with it due to the complex factors involved. Chinese Refugee Law offers a comprehensive, up-to-date, and readily accessible reference to Chinese refugee law. It focuses first on existing laws and practices relating to refugees in China, then offering a scholar's proposal for a law to handle with refugee affairs and implement the Convention Relating to the Status of Refugees. The book provides the detail, insight and background information needed to understand this complex area of law. It examines both existing Chinese statutes and relevant international documents, drawing on and comparing Chinese and English language sources.

In The Constitutional Identity of Contemporary China: The Unitary System and Its Internal Logic, Han Zhai offers a profound understanding of China's constitutional history with her account of constitutional identity of multi-layered states in other parts of the world. This book successfully bridges China's constitutional complex and the emerging common theory of constitutional law with methodological innovations. In constitutional comparison, this work's treatment of the Kingdoms of Spain and the Netherlands provides effective structural and historical analysis.

By virtue of ratifying the Women's Convention, Egypt is internationally obliged to eliminate gender discrimination in its domestic legislation. Yet, women in Egypt face various forms of discrimination. This may legally be justified through Sharia-based reservations, which many Muslim-majority countries enter to human rights treaties to evade an obligation of implementation where Human Rights run counter to Sharia. This book examines the compatibility of Sharia-based reservations with international law and identifies discrepancies between Sharia and domestic law in order to determine rights Egyptian women are entitled to according to Sharia, and yet denied under Egyptian law.

This edited volume addresses key themes of contemporary interest focused on identifying the gaps between Ethiopia's human rights commitments and the practical problems associated with the realisation of human rights goals. Political and legal challenges affecting implementation at the domestic levels continue in Ethiopian - the nature and complexity of which have been thoroughly expounded in this volume. This edition uncovers the key challenges involving civil and political rights, socio-economic rights and cultural and institutional dimensions of the implementation of human rights in Ethiopia - while the country is absorbed in legal and political reforms.

The book provides one of the first accounts of AML/CFT legislation in Australia, sets the international policy context, and outlines key international legal obligations. To minimise the negative impact on personal freedoms, it proposes a reading of Australian provisions in line with international caselaw. Expanding her analysis on the international level, the author offers an appraisal of the measures taken, both in terms of criminal policy and cost for civil society. She argues that the development of soft law and the increased powers given to law enforcement agencies, which sub-contract surveillance to the private sector, further erode the legitimacy of State action and the rule of law, and ultimately the democracy the laws were meant to protect.

How does globalisation affect the ability of human rights to constrain power? This is the central question of this volume that tackles the issue from a variety of perspectives. It covers such branches of international law and human rights as diplomatic protection, powers of the UN Security Council, responsibility of international organisations, accountability of multinational corporations, third-generation rights, law of armed conflict, and state sovereignty. The contributions problematize the role of human rights and call for rethinking of the structure and functioning of human rights. The contributions adopt a variety of disciplinary perspectives that all elucidate difficulties human rights face in a globalised world and suggest ways forward.

This volume, Minority Self-Government in Europe and the Middle East: From Theory to Practice, is novel from several perspectives. It combines theory with facts on the ground, going beyond legal perspectives without neglecting existing laws and their implementation. Theoretical discussions transcend examining existing autonomy models in certain regions. It offers new models in the field, discussing such critical themes as environmentalism. Traditional concepts such as self-determination and well-known successful autonomy examples, including the land Islands, Basque and Catalonian models, are examined from different perspectives.

International law and the Hague, the city where so many institutions of international law are established, are intimately connected. This book presents the views developed by some of the active players in the legal capital of the world on a number of the current challenges faced by international law. The starting point was a seminar held in the Peace Palace, reviewing some of the legal policy questions of today, such as the acceptance of the jurisdiction of the ICJ as a prerequisite to dispute settlement. Supplementing these articles on classical international law are essays dealing with the younger discipline of international criminal law, as practiced by the ICC and other Tribunals, offering ideas on, among other things. how to speed up the lengthy procedures of international criminal tribunals.

Global Governance, Conflict and China sheds a unique perspective on China's normative behaviour in the realm of collective security, peacekeeping, arms control, the war on terror and post-conflict justice. This analysis engages with an Asian epistemological framework whose relational thought borrows from the context - space and time alike - that informs China's principle-driven conduct on the international plane. Through the lens of relational governance, this work develops a new theory on the relational normativity of international law (TORNIL) that identifies the interdependent sources that underpin China's international legal argument, i.e. norms, values and relationships.

In Nowhere Countries: Exclusion of Non-Citizens from Rights through Extra-Territoriality at Home, Pauline Maillet offers a new theoretical framework to understand the mechanisms by which non-citizens are excluded from the rights attached to sovereign territory when arriving at states' borders. Initiated in Charles de Gaulle airport, the analysis encompasses similar cases in countries other than France. This interdisciplinary study traces how some liberal democracies create spaces construed as extra-territorial on their own soil to circumvent obligations owed to sea or airborne asylum seekers under the Refugee Convention and its Protocol.

Special missions play an increasing and crucial role in international diplomacy and yet the international law governing them remains to some extent uncertain. This book is based on the responses of States to the questionnaire of the Council of Europe Committee of Legal Advisers on Public International Law (CAHDI) on 'Immunities of special missions', considered against the background of the 1969 United Nations Convention on Special Missions, key judicial decisions and national legislation on special mission immunity, government statements, and other state practice and evidence of opinio juris. The book presents and analyses the international law and practice governing special missions, while identifying remaining areas of uncertainty.

In NATO Rules of Engagement, Camilla Guldahl Cooper offers clarity on a topic prone to confusion and misunderstanding. NATO rules of engagement (ROE) are of considerable political, strategic and operational importance, yet many of its concepts lack clarity. The resulting ambiguity may be detrimental for people involved and for mission accomplishment. Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict.

Aside from self-defence, a UN Security Council authorisation under Chapter VII is the only exception to the prohibition on the use of force. Authorisation of the use of force requires the Security Council to first determine whether that situation constitutes a 'threat to the peace' under Article 39. The Charter has long been interpreted as placing few bounds around how the Security Council arrives at such determinations. As such commentators have argued that the phrase 'threat to the peace' is undefinable in nature and lacking in consistency. Through a critical discourse analysis of the justificatory discourse of the P5 surrounding individual decisions relating to 'threat to the peace' (found in the meeting transcripts), this book demonstrates that each P5 member has a consistent definition and understanding of what constitutes a 'threat to the peace'.

The book is designed to provide an overview of the development, meaning, and nature of international humanitarian law (IHL). It presents a critical review of the protection of the injured, sick and shipwrecked, prisoners of war (POWs) and civilians during times of war, the prevention of forcible transfer of civilians, the four Geneva Conventions from a Third World point of view, the ideals of distinction, proportionality and precaution from the point of view of Islamic law and the issues faced in implementing IHL. This lucidly written and timely book will greatly benefit anyone interested in the protection of victims of armed conflict.

This important and unique volume begins with seven essays that discuss the contemporary challenges to implementing international humanitarian law. Its second and largest section comprises more than 260 entries covering the vast majority of IHL concepts. Written by a wide range of experts, each entry explains the essential legal parameters of a particular element of IHL, while offering practical examples and, where relevant, historical considerations, and supplying a short bibliography for further research. The starting point for the selection were notions arising from the Geneva Conventions, the Additional Protocols, and other IHL treaties.

Civil-military relations establishes the civilian control over the military to protect democratic values. This book argues analysis of the CMR is distorted by the absence of consideration of the judicial arm, with the 'civil' seen as referring only to the executive and/or legislature. The civil courts approach to military discipline and the impact that has for CMR within -- the United Kingdom, United States and Australia is investigated. The author concludes that by including the courts in the development of CMR theory militarisation of the civilian domain is discouraged. A paradigm shift acknowledging the fundamental role of all three organs of government in liberal democracies, for control of States' power is essential for genuine civilian oversight.

Drone strikes have become a key feature of counterterrorism operations in an increasing number of countries. This work explores the different domestic and international legal regimes that govern the manufacture, transfer, and use of armed drones. Chapters assess the legality of armed drones under jus ad bellum, the law of armed conflict, the law of law enforcement, international human rights law, international criminal law and domestic civil and criminal law. The book also discusses the application of law to fully autonomous weapons systems where computer algorithms decide who or what to target and when to fire.

Jus Post bellum: Restraint, Stabilisation and Peace expands on the 2017 EuroISME Conference, to answer the question "is restraint in war essential for just lasting peace"? With a foreword by Professor Brian Orend who asserts this as "a most commendable subject" in extending Just War Theory, the book contains chapters on the ethics of war-fighting since the end of the Cold War and a look into the future of conflict. From the causes of war, with physical restraint and reconciliation in combat and political settlement, further chapters written by expert academics and military participants cover international humanitarian law, practicalities of the use of force and some of the failures in achieving safe and lasting peace in modern-day theatres of conflict.

The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R's and ICC's jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.

In Crimes Against Humanity in the 21st Century, Dr Robert Dubler SC and Matthew Kalyk provide a comprehensive analysis of crimes against humanity in international criminal law. The text tracks the crime from its conceptual origins in antiquity, to its emergence in customary international law at Nuremberg, to the establishment of the 'modern definition' at the Hague with the ICTY, ICTR and ICC, and finally to recent state practice and jurisprudence. The text sets out conclusions about the legal elements of the crime and contends that the raison d' tre of the crime is located not in the inhumanity of its authors' actions but in the extent to which its authors threaten international peace and security so as to justify international intervention.

In 2012, the UK introduced the 'Preventing Sexual Violence Initiative'. This work examines whether it is actually possible to prevent sexual violence being employed as a weapon of war against women, men and children. It assesses existing prevention strategies, uses Daesh as a case study - to illustrate the limitations of the current approaches - and considers additional measures. The author concludes that it is possible to prevent sexual violence in war, provided that all appropriate measures are harnessed and adapted to the specific circumstances of each conflict. It will, though, require improvements to existing strategies, the use of additional prevention measures, more resources and long-term engagement of all actors.

In Wartime Sexual Violence at the International Level: A Legal Perspective Dr. Caterina E. Arrabal Ward discusses the understanding of wartime sexual violence by the international tribunals and argues that wartime sexual violence often takes place without the explicit purpose to destroy a community or population and is not necessarily a strategic choice. This research suggests that a more focused approach based on a much clearer definition of these crimes would help to remedy deficiencies at the different stages of international justice in relation to these crimes.

Incitement to terrorism connects the dots between evil words and evil deeds. Hate precedes terror. History has already taught us that incitement to genocide and to crimes against humanity unchecked will inevitably bring devastation to humankind. Incitement is an affront to the dignity of its victims, and poses a dire threat to all people of good will. However, combating incitement to terrorism poses operational, constitutional and human rights challenges on many fronts, both domestically and internationally.

Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts.

International criminal law is experiencing a time of uncertainty and flux. There is increasing doubt surrounding where the international criminal justice project is heading. The contributions in this multi-disciplinary volume take stock of the situation and explore ways in which the validity of international criminal tribunals can be strengthened as the field of international criminal justice moves into a more uncertain future. Areas considered include: shaping the aims and aspirations of international criminal tribunals; increasing the effectiveness and legality of substantive international criminal law; improving certain processes and procedures of international criminal tribunals; improving relationships between international criminal tribunals and other organisations; and building trust between international criminal tribunals and African states.

This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties.

In Investigating Civilian Casualties in Time of Armed Conflict and Belligerent Occupation Alon Margalit discusses the appropriate State response to civilian casualties caused by its armed forces. Various legal and practical challenges, arising when investigating the fatal consequences of the use of force, are examined through the practice of the US, the UK, Canada and Israel during military operations in Afghanistan, Iraq, Somalia and the occupied Palestinian territory. Alon Margalit considers this topical and sensitive issue within a broader context, namely the public scrutiny of State behaviour and influence of human rights law during armed conflict. The debate over the scope of the duty to investigate reflects competing approaches looking to (re)shape the balance between military necessity and humanitarian considerations.

In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores the turn to international law in atrocity-related United Nations commissions of inquiry and their navigation of considerations of principle (the legal) and pragmatism (the political), to discern their identity in the international legal order. The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations.

In The Right to Appeal in International Criminal Law Drazan Djukic describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas. Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Drazan Djukic systematically assesses the law and practice concerning appeal proceedings in international criminal law.

Transplant Tourism: An International and National Law Model to Prohibit Travelling Abroad for Illegal Organ Transplants explores the role that international and national laws must play in the prohibition and eradication of transplant tourism and proposes a three-stage legal model for the prohibition of the practices. Through the examination of international law norms, principles and instruments; laws and policies from several legal systems; and legal frameworks and models which currently prohibit a number of national, transnational and international offences, this publication focuses on the creation of a comprehensive soft law instrument on transplant tourism, a treaty on transplant tourism and unified national transplant tourism laws with extraterritorial application in accordance with the principles and spirit of the international law instruments.